Km. Deep Shikha and Others vs Union of India

Barin Ghosh, C.J.

Delay Condonation Application No. 6261 of 2011:

Heard learned Counsel for the parties on the application for condonation of delay in filing the appeal. Being satisfied with the reasons furnished for the delay in preferring the appeal, we condone the delay. The Application is, accordingly, allowed.

Special Appeal No. 118 of 2011;

Narayan Swami Hospital and Dental College has lost its recognition. The fight to obtain restoration of recognition is still on. In the meantime, the students taken by Narayan Swami Hospital and Dental College have been accommodated in other colleges. In order to know their fate, those students too approached the Court. While their writ petition and other writ petitions, including the writ petition of Narayan Swami Hospital and Dental College, were heard together, by the judgment and order under appeal, it has been provided, amongst others, that the students of the Petitioner college (Narayan Swami Hospital and Dental College), who have been adjusted and are pursuing their studies in other Dental College in Uttarakhand or in any college outside the State of Uttarakhand, will not be touched, if they are studying within the permissible seats sanctioned in those colleges.

In the present appeal, Appellants students are contending that they were admitted in Narayan Swami Hospital and Dental College within the permissible seats sanctioned in favour of Narayan Swami Hospital and Dental College. By reason of the directions given by the Central Government, they now stand transferred to some other college. They are not in the know whether, on being transferred, they are or are not within the permissible sanctioned seats of those colleges and, accordingly, their fate cannot be kept in dark.

We are of the view that, inasmuch as by reason of an action on the part of the Central Government, those students have been accommodated in other colleges, while accommodating them, the Central Government was of the view that they can be accommodated in those colleges and, accordingly, they cannot be touched in any manner whatsoever, whether they have been accommodated within the permissible seats sanctioned in those colleges or not. It must be deemed that the seats, the said students are occupying, stand automatically increased to the extent of the students accommodated by the Central Government and those seats will stand automatically reduced the moment the students will pass out from those colleges.

With the observation as above and modifying the judgment and order under appeal to that extent, we dispose of the appeal.